By BECKY KISER
Hays Post
Hays city commissioners will resume their discussion of a streatery and sidewalk café policy during their work session this evening.
On April 21, commissioners talked about rules and regulations regarding alcohol consumption, location, footprint use, structural and safety requirements, and insurance requirements. Hays Police Chief Don Scheibler and Justin Whyte, Kansas ABC (Alcohol Beverage Control) enforcement agent for the area, were on hand to answer questions about state alcoholic beverage laws.
They came to a consensus on many of the considerations, according to Asst. City Manager Collin Bielser, and a draft policy will be presented Thursday for further review and possible approval.
"Alcohol possession and consumption will be allowed as long as state law and ABC are followed," Bielser said.
"The streatery program will be allowed anywhere in the city of Hays where off-street parking is not available nor provided by the business and the business does not already have access to private property to accommodate outdoor dining."
Each business may occupy one parking stall with "no buffer zone requirement, which means they can occupy all the way to the center line of the delineating parking stalls on either side," Bielser explained.
Commissioners also agreed last month that businesses can use the adjacent sidewalk, creating a sidewalk café component to the policy.
There will be restrictions on where they can be located, but unlike streateries, the sidewalk cafés would be permitted to be open year-round.
The operation of streateries would be allowed from April 1 to Oct. 31 each year.
Bielser says the different operating policies are due to the need for snow removal from the streets during the winter.
Streateries can be located directly on the street or on a platform.
Bielser anticipates city staff will have discretion over what types of materials are used to build streateries, which will require a city permit. Commissioners have already agreed that "unacceptable construction materials include pallets, snow fence, and picket fencing."
The Downtown Hays Development Corporation earlier endorsed the streatery program with the stipulation that "all materials must be suitable for exterior use, and colors must be similar to those used on the business façade or business branding and identity."
Only restaurants and bars may participate in the new program.
If approved, the streateries/outdoor café program will require a new ordinance regarding street sales, public drinking and public possession of liquor or cereal malt beverages.
"Current municipal code does not allow the sale, possession, or consumption of alcoholic liquor or CMBs on public property, except in the parks," Bielser said.
Each location where alcoholic beverages are served would also have to be approved for an outdoor dining permit issued by the city.
Other agenda items for the May 19 work session include discussion of bid awards for a new solid waste equipment building, the purchase of three new service division dump trucks with snow removal equipment, and the rehabilitation of the Hickok Park storm sewer.
The complete agenda is available here. The work session begins at 6:30 p.m. in Hays City Hall, 1507 Main.